Ontario Community Newspapers

Oakville Beaver, 7 Nov 2014, p. 7

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Thousands of people grieving the loss of Cpl. Nathan Cirillo flooded the procession route on Friday, Oct. 24, proudly displaying their Canadian flags and saluting the young reservist for his bravery and service. From Ottawa along the Highway of Heroes, through Halton Region along Hwy. 407 to Cirillo's hometown of Hamilton, Metroland Media photographers captured the emotional tribute to `Canada's son'. The 24-year-old father, a reservist who served with Hamilton's Argyll and Sutherland Highlanders of Canada regiment, was fatal- A touching memorial for Cpl. Cirillo legal matters ly wounded on Wednesday, Oct. 22 while guarding the Tomb of the Unknown Soldier at the National War Memorial in Ottawa. Following the shooting of Cirillo, the gunman opened fire on Parliament Hill. A full regimental funeral was held for Cirillo Tuesday, Oct. 28 at Christ's Church Cathedral on James Street North in Hamilton. The collection of photographs from that day have been compiled into a slideshow and set to The Trews' song Highway of Heroes. To view the photos and video, visit www. insidehalton.com. 7 | Friday, November 7, 2014 | OAKVILLE BEAVER | www.insideHALTON.com CoMMErCIal lItIgatIon Q a Emily Maw Can I sue the City if a flash flood causes damage to my property? The short answer is "maybe." You may wish to speak with a lawyer if you have suffered significant damage to your property. Climate change is now forcing governments to consider extreme weather. Municipalities can be sued under the common law principle of negligence, and a municipality may owe a duty of care to residents receiving storm water management services. If a homeowner sues a municipality, it becomes the role of the Courts to determine if the municipal government ought to have considered new information related to climate change and updated the storm water standards and processes accordingly. A municipality will have to demonstrate to the Court that it met the required standard of care in the circumstances. This includes all inspections, maintenance, and repairs. A municipality is allowed to make valid policy decisions, and such policy decisions may consider various factors, including financial concerns. However, generally the Courts have held that a municipal government ought not ignore information that suggests that there may be risks to people or property. Therefore, a municipality may be liable if the impacts of climate change could have been avoided. Lawyers in your corner: Emily is an associate at Ross & McBride LLP, practicing in the Business Litigation Group. Emily's practice is primarily focused on complicated commercial disputes and litigation strategies; her experience includes working on injunctions, class action litigation and summary judgment motions. She has worked on matters before the Small Claims Court, Superior Court of Justice, Ontario Court of Appeal, Ontario Human Rights Tribunal and Ontario Labour Board during her articles and continues this work as an associate in the Litigation Group. Come see why we're Oakville's best water provider. Our prices haven't changed in 10 years while maintaining a superior level of quality. Receive 50 FREE litres of U Fill Water and we'll also give you a FREE jug to transport your water! NEW CUSTOMER OFFER: R0012976206 2251 WESTOAK TRAIL BLVD., UNIT#1 (905) 257.9257 · Email: oakvillewaterdepot@yahoo.ca 1 King Street West, 10th Floor Hamilton, L8P 1a4 905-526-9800 www.rossmcbride.com emaw@rossmcbride.com The advice offered in this advertorial column is intended for informational purposes only. Use of this column is not intended to replace or substitute any professional, financial, medical, legal, or other professional advice. 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